[Download] "United States v. Shapiro" by United States Court Of Appeals For The Sixth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: United States v. Shapiro
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 06, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This is an appeal from the District Court's order revoking defendant-appellant's probation and imposing a sentence of six months imprisonment. Appellant Shapiro is the former co-owner of the Tasty Cookie Company, holding the positions of president and sales manager. His partner Yandell O'Koon was secretary-treasurer and production manager. After charges of violating the Food, Drug and Cosmetic Act, 21 U.S.C. § 331(a) & (k) (1970), were filed in an information, both men pled guilty to four counts involved in those charges and nolo contendere to one count. Each defendant was fined three hundred dollars on each count and was given a probated two-year sentence "". . . . with the condition that the defendant conduct his food handling in accordance with the Federal Food, Drug and Cosmetic Act."" After the probation order was entered, the plant was closed for a one-month period for cleaning purposes and reopened in mid-January 1973. The men also agreed to sell the plant and in early February a prospective purchaser, Red River Industries, was found. Negotiations with Red River proceeded but in the meantime disagreements arose between the partners, and in late March Shapiro bought out his partner in order to complete the sale to Red River. During the subsequent negotiations Red River hired a man named Reed to take charge of Tasty's production. Six days after hiring Reed, Red River signed a formal agreement with appellant giving the ""operations and management"" to Red River effective April 10. On April 18, a stock purchase agreement reciting the undertakings of the parties in great detail was signed. Final closing occurred on April 27 but just prior to the closing date, on April 23-24, an FDA inspector examined the Tasty premises and found them to be in noncompliance with the FDA regulations in that they were accessible to and infested with vermin.